Character Evidence

Question 1

character evidence

Answer 1

NOT admissible to prove person acted according to a character/trait

Question 2

character evidence (criminal only) exceptions

Answer 2

Criminal cases only:
character evidence admissible when D opens the door:
1. prove D’s pertinent trait
* prosecutor may rebut
2. prove V’s pertinent trait
* prosecutor may rebut evidence about V
* prosecutor may offer evidence of D’s same trait
3. (homicide) V’s trait of peacefulness to rebut V was first aggressor

**Homicide: **(D opened door about V’s character of violence in self-defense claim)

Question 3

character evidence civil/criminal exceptions

Answer 3

Can admit character evidence where:
1. character at issue: essential element to claim or defensen (can use specific instances)
2. impeachment

EX: defamation, entrapment, negligent entrustment, embezzlement

Question 4

other crimes, wrongs, or acts

Answer 4

NOT admissible to prove character

BUT**admissible **to prove:
1. knowledge
2. identity (modus operandi - unique/peculiar mode of operating)
3. preparation
4. plan (part of overall scheme)
5. opportunity
6. motive
7. intent
8. lack of accident (more occurences = less likely accident)
9. absence of mistake

Question 5

method of proving character

Answer 5

Direct:
1. reptutation testimony
2. opinion testimony

Cross of same W:
1. reputation testimony
2. opinion testimony
3. relevant specific instances of conduct evidence (not extrinsic evidence)

Question 6

habit evidence

Answer 6

admissible to prove someone acted in accordance to habit or routing practice

Question 7

habit definition

Answer 7

one’s regular (almost automatic) response to a repeated specific situation

organization’s habit = routin practice of an organization

NO corroboration or eyewitness needed

Question 8

character definition

Answer 8

a generalized description of one’s disposition in respect to a general trait

such as honesty, temperance, or peacefulness